StubHub, Inc. v. Ticketmaster L.L.C. et al

Filing 56

ORDER DENYING AS MOOT DEFENDANTS' MOTIONS TO DISMISS; VACATING HEARING. Signed by Judge Maxine M. Chesney on July 20, 2015. (mmclc1, COURT STAFF) (Filed on 7/20/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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STUBHUB, INC.,
Plaintiff,

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ORDER DENYING AS MOOT
DEFENDANTS’ MOTIONS TO DISMISS;
VACATING HEARING

v.

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No. C 15-1436 MMC

GOLDEN STATE WARRIORS, LLC, and
TICKETMASTER, LLC,

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Defendants.
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Before the Court is defendant Golden State Warriors, LLC’s “Motion to Dismiss the

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Complaint,” filed May 22, 2015, and defendant Ticketmaster, LLC’s “Motion to Dismiss the

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Complaint,” filed May 22, 2015.

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On June 15, 2015, the Court approved the parties’ stipulation affording plaintiff

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StubHub, Inc., leave to file, no later than June 30, 2015, opposition to the motions or,

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alternatively, an amended complaint. On June 30, 2015, plaintiff filed a First Amended

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Complaint.

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“[A]n amended pleading supersedes the original, the latter being treated thereafter

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as non-existent.” Bullen v. De Bretteville, 239 F.2d 824, 833 (9th Cir. 1956), cert. denied,

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//

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353 U.S. 947 (1957).
Accordingly, the Court hereby DENIES as moot defendants’ motions to dismiss, and
VACATES the July 31, 2015 hearing scheduled thereon.
IT IS SO ORDERED.

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Dated: July 20, 2015
MAXINE M. CHESNEY
United States District Judge

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